The computer notice detailed the procedure to call the working day prior to the date indicated, punch in all sorts of codes and numbers and listen to the message. "Call back on Monday". Well I did just that and yes I am to report at 8:00am on Tuesday. So did about 300 other people. We received a name badge, watched a video on the value of the jury system and took to our seats some paper work to fill in the blanks. Everything was blank.

We all signed a ethics form and listened in two languages both in average monotone: " Complete these forms and keep them with you, use pencil or pen but no blood on my forms—save that for latter". Wow we get the picture, the court rooms must be wild. Next we find the only coffee pot is in the next building. At least the small restroom was only 100 yards away on the other side of security.

The chairs fill up every other one at a time, no one wanting to sit next to a stranger. Six televisions, all on a different channel, make it possible to listen to the news on the closest and see yesterdays sports report on the one across the room. Hard for me to understand how a picture can be worth a 1000 words if they are not the same subject.

Some folks don’t want to be here, others have nothing better to do. Women in suits, business men wearing ties, grandmothers knitting, teens with cell phones transplanted into their hands, moms enjoying a day without the kids, and tall and big people struggling with chairs designed by devious people who do not have to use them. In sum, we are 10 groups of 30 people—Average—We the jury.

The wait begins just about the time the second batch of summoned Arizonians arrive for their check in and wait. By 10:00 am seven groups have been called, and some folks are returning to wait being not needed by that court. They resume the slouch, and like the rest of us, quietly understanding more about the law as we wait. You know the laws that govern when and if we will be called:

At 10:22 am we are called to Judge Ruth’s court in room 1003. Strangers become acquaintances and the judge asks first the group and then each of us, questions relevant to the selection of the jury for a case we later are told is a 42 year old man accused of hitting a 15 year old boy. Name, employer, marital status, children, prior jury duty, issues with the police, etc. we answer them all and are let go for lunch. Prove again the law of average food. When we return, Judge Judy announces who sits on the jury.

I am called and elected Forman.

Perry Mason, these lawyers are not. The reality of the court room is the judge is working on her computer, the court recorder is punching the older recorder device with a link to a PC (what’s the point of the old gadget ?). The court room is packed with three people watching eight jurors, three lawyers, one defendant, a judge, recorder, bailiff, and an assistant.

We listened, asked questions via written forms, and listened again. Finally after eight hours of arguments, testimony and statements, we were handed written instructions and sent to the jury deliberation room. We the jury; a police officer, a sandwich shop owner, a computer consultant, a home business owner, stay at home spouses, retired people. Three women. Two Latin names. We the jury.

The first straw vote was 4 guilty 4 not guilty. We all agreed that the man hit the kid. We also agreed that the kid really hurt the man’s son. The event was an unsupervised three on three basketball tournament at the state fair. One side was big, the other smaller people. One side had lots of family watching, the other none. The two teams were from different ethnic back grounds. The game did not have a referee. The coaches did not have control. They paid for the privilege to enter this event.

It made little difference that the defendant is a councilor for broken homes and distressed families. The prosecution failed to show guilt beyond doubt, failed to clearly establish the timing of events, and failed to provide witnesses to collaborate the events.

Not guilty we said. "A reasonable person in the defendant’s situation would have believed that physical force was immediately necessary to protect against another's use".

A sad commentary on our society where it is ok for an adult, a role model in his job and in his family is considered by all accounts, legal and moral, to be a reasonable person justified to use force in the situation. The 42 year old man hit the teenager and threatened to get a gun when the crowd turned on him and is not guilty.

We the jury talked and exchanged every point of view, reviewed the instructions, and even whet home to think alone. The next day, 8 not guilty votes and we called for the bailiff. "We have reached a verdict". The Judge reads the paper I handed to the bailiff, the bailiff reads them aloud and the lawyers are asked if they wish to query the jury.

Released, we moved to the door just as the defending lawyer shows up in the Jury room extending thanks. I looked him in the eye and said " Not guilty does not mean he is innocent. I hope the message somehow gets across that a 42 year old man should not hit a kid. Not guilty of assault does not make him innocent".

We all left the room feeling good about the process, good that we had the benefit of eight different ears and senses to listen and judge based on the facts given and within the instructions bounding our latitudes. The system does work and I take comfort that it works well in protecting our freedoms. I am thankful that while the verdict is a matter of record, we the people had a chance to express some more fundamental points. The cause of the incident was the unsupervised state fair Hoop-It-Up basketball tournament. With a referee, there never would have been big kids muscling little kids, couches unable to control the game, and no hitting between kids or adults. Not guilty, not innocent. The State fair and the adults are not innocent here.

Will there ever be a way to address the causes in addition to the incident?? One hopes so, but how?

G.E. McKelvey

GEMPress

9485 East Conquistadores Drive

Scottsdale, Arizona

85255-4345

Gempress@qwest.net